European Union: International Courts & Tribunals

The Paris Central Division has ruled that UPC actions can be filed for patent applications nearing grant, potentially invalidating opt-outs filed after proceedings commence. This decision raises critical questions about the timing of opt-out filings and the scope of UPC jurisdiction over pending applications.

A Cyprus Appellate Court has ruled that a Certificate of enforceability under Article 54 of EU Regulation 44/2001 confirms the issuing court's verification that the judgment falls within the regulation's scope. The court followed European Court precedent establishing that enforcement procedures preclude subsequent review by the addressed Member State's courts regarding whether the underlying action falls within the regulation's ambit.

The Swedish Supreme Court has issued a landmark ruling on whether investors can use most-favoured-nation clauses in bilateral investment treaties to access dispute resolution mechanisms from other treaties. The decision addresses a long-standing split among international arbitral tribunals and establishes criteria for when such jurisdictional "treaty shopping" is permissible under Swedish law.

The Milan Local Division of the Unified Patent Court addresses an application for security for costs under Rule 158.1 of the Rules of Procedure in patent infringement proceedings between Biopsafe ApS and Kaltek S.r.l. The case involves three European patents and raises important questions about cost security requirements in UPC litigation.

The EU's naval operation EUNAVFOR MED Irini has conducted a second boarding operation in the Mediterranean, this time targeting the tanker Toa Payoh off the coast of Sicily. The vessel, traveling from Benin to Istanbul, was boarded to investigate its recently claimed flag status switch to Cameroon.

A Chinese defendant successfully obtained conditional alignment of procedural deadlines in a patent infringement case before the Milan Local Division, despite the claimant's opposition based on the Hong Kong co-defendant's alleged refusal to accept voluntary service. The Court granted the alignment but required immediate acceptance of service by the unserved defendant as a precondition.

Post-Brexit enforcement of UK judgments in Ireland has become more complex and costly under common law rules. A recent High Court decision clarifies that the Hague Convention on Choice of Court Agreements 2005 applies to default judgments, providing a streamlined pathway for cross-border enforcement when exclusive jurisdiction clauses are in place.

Senior in-house counsel and arbitration practitioners gathered during Paris Arbitration Week 2026 to examine the evolving landscape of dispute resolution in major construction and infrastructure projects. The discussion explored critical strategic decisions facing parties in large-scale infrastructure disputes, from selecting appropriate resolution mechanisms to optimizing costs and ensuring enforceability across jurisdictions. Drawing on historical context and contemporary practice, the session addressed h

Dyson Technology Limited has filed an application for provisional measures at the UPC Hamburg against multiple Dreame entities and distributors, involving European Patent 3,119,235. The case raises questions about jurisdiction under the Brussels I recast regulation and the interplay between UPC procedural rules and EU regulations in cross-border patent disputes.